Professional Documents
Culture Documents
On Friday, March 18, 2016, the Plaintiff filed a Motion for Summary Judgment
(Docket #25).
2.
This motion was filed while a Joint Motion to Dismiss Under Rule 12(b)(1), (2),
and (5), and Opposition to Leave to Amend (Docket #11) (hereinafter the First MTD). In
other words, the Plaintiff wants this Court to decide the entire case before it has determined
whether it has jurisdiction over these Defendants or the subject matter of this entire case.
3.
Indeed, the Plaintiff claims that there are a number of undisputed facts when it is
not yet appropriate to dispute them yet, such as in the form of an answer. That will not be due
until after this Court rules on the First MTD (Docket #11), and then any Motion to Dismiss under
Rule 12(b)(6) filed pursuant to this Courts order of March 3, 2016 (Docket #17). Furthermore,
some of the evidence needed to prove there is a genuine dispute of the evidence might not be
available until discovery is well underway.
4.
Therefore, these Defendants ask for this Court to extend their time to respond
until twenty one days after discovery is complete in this case, if it is not dismissed before then.
This would give these Defendants a full opportunity to develop facts in their favor before the
Plaintiffs motion for summary judgment is decided.
WHEREFORE, this Court should order that the deadline to file any response to the Plaintiffs
Motion for Summary Judgment (Docket #25) is extended until twenty one days after discovery
has concluded, and this Court should provide any other relief that is just and equitable.
Respectfully submitted,
s/ Aaron J. Walker
Aaron J. Walker, Esq.
Attorney for Defendants Johnson and Palmer
Va Bar# 48882
DC Bar #481668
P.O. Box 3075
Manassas, Virginia 20108
(703) 216-0455`
(No fax)
AaronJW1972@gmail.com
2
Case 2:15-cv-01516-NJ Filed 03/18/16 Page 2 of 3 Document 28
CERTIFICATE OF SERVICE
I certify that on Friday, March 18, 2016, I served copies of this document on William
Schmalfeldt by email by his consent.
s/ Aaron J. Walker
3
Case 2:15-cv-01516-NJ Filed 03/18/16 Page 3 of 3 Document 28
day of
, 2016
BY THE COURT
NANCY JOSEPH
United States Magistrate Judge